BELMONT'S CASE FILES REOPENED COOLEY MAKES GOOD ON PROMISED REVIEW.

Byline: Beth Barrett Staff Writer

District Attorney Steve Cooley set up a special task force in his new Public Integrity Division on Wednesday to reopen the Belmont Learning Center scandal for possible criminal prosecution.

During his campaign Cooley criticized incumbent District Attorney Gil Garcetti for failing to vigorously pursue public corruption cases - singling out Belmont, the nation's costliest school project, which was abandoned unfinished because it was built on an old oil field seeping potentially explosive and deadly gases.

The task force will be overseen by Anthony G. Patchett, a retired prosecutor, who was formerly second in command of the District Attorney's Office's environmental division.

Patchett, who prior to being appointed by Cooley reviewed much of the Belmont investigative record, did not return calls for comment.

Cooley spokesman Joe Scott said the task force will evaluate Belmont as a top priority.

``It will look at where we are and where we are going,'' Scott said.

The new district attorney promised during his campaign an aggressive review of Belmont, including possible use of the county's grand jury to inquire how $175 million could have been expended on a school without first installing a methane barrier or other remediation to guarantee protection of children from methane and hydrogen sulfide in the soil.

Garcetti reviewed school district Inspector General Don Mullinax's findings of ``probable cause'' that crimes were committed by the developer and several environmental companies but declined to file charges, citing insufficient evidence.

Mullinax submitted a second set of referrals, citing probable cause for a series of overbillings by contractors at the school. Garcetti never released his findings on those referrals.

Mullinax said Wednesday that he welcomed the task force and Cooley's review.

``I support this action and believe it is a positive step to make sure the public's trust has not been violated,'' Mullinax said. ``A different prosecutor may have a different prosecutorial threshold and may ask different questions.''

In a statement, Supt. Roy Romer said, ``If there is any evidence of criminal wrongdoing, we would urge there be an investigation and proper action be taken.''

Board members, who voted to kill the Belmont project nearly a year ago but who now are being urged by Romer to consider letting private companies bid on ways to safely built it, backed additional prosecutorial review.

Board member Valerie Fields said: ``I think that's great. I think we should be in a position to know if anyone committed any crimes.''

Board member David Tokofsky added that a second check of the environmental referrals, as well as continuation of the overbilling question, was a sound step.

``We never got much on the overbilling, and that part is pretty crucial,'' Tokofsky said.